Senthil Rao v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN CRIMINAL O.P.No.6435 of 2016 1.Senthil Rao 2.Gayathri 3.Suresh ... Petitioners Vs.

1. State by Inspector of Police, W.13, All Women Police Station, Washermenpt, Chennai - 600021.

Crime No.02/2013)

2. Sandhiya ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the proceedings in C.C.No.696 of 2014 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai - 600 001. For petitioner : K.Srinivasan For 1st respondent : Mr.C.Emalias Additional Public Prosecutor For 2nd respondent : Mr.Swami Subramanian

O R D E R

Invoking the jurisdiction of this Court under section 482 of the Crl.P.C., this petition is filed by the petitioners who are accused 1 to 3 in the case in Crime No.02/2013 on the file of the All Women Police Station, Washermenpet, Chennai, seeking to quash the proceedings of the case in C.C.No.696 of 2014 pending on the file of the XV Metropolitan Magistrate Court, Chennai.

2. Based on the complaint filed by the second respondent, Sandhiya, who is the wife of the first petitioner, Senthil Rao, the first respondent police have registered a case in Crime No.2/2013 under sections 294(b), 498A, 406 and 506(ii) of IPC read with 34 IPC.

3. It appears that after the completion of the investigation, the first respondent police had filed a charge sheet before the learned XV Metropolitan Magistrate, Chennai, and the same was taken on file in C.C.No.696 of 2014 but the trial is yet to be commenced.

4. At this stage, this petition is filed to quash the entire proceedings in respect of C.C.No.696 of 2014.

5. The second respondent being the complainant and the petitioners, are physically present before this Court.

6. When enquired, the petitioners as well as the second respondent have harmoniously submitted that they have settled the matter amicably at the intervention of the well wishers as well as elderly people of their family and the second respondent being the complainant has also submitted that she does not want to prosecute the petitioners as the matter has been settled.

7. In this connection, she has also filed an affidavit saying that in view of the settlement arrived at between her and her husband being the first petitioner herein, she does not want to prosecute the matter and that she has also no objection in quashing the entire proceedings against the first petitioner being her husband and others.

8. Mr.Swami Subramanian, learned counsel appearing for the second respondent, while advancing his arguments, has submitted that though the offence under section 498A does not fall under the category of compoundable offences, in view of the decision of the Apex Court in B.S.Joshi and others vs. State of Haryana and another [2003 SCC (Crl.) 484], the criminal proceedings can be quashed if the chance of conviction is bleak. He has also made reference to an unreported judgment of this Court decided in Crl.O.P.No.27595 of 2013 dated 18.11.2013.

9. Mr.C.Emalias, learned Additional Public Prosecutor, appearing for the first respondent police, also, has no objection to quash the said criminal proceedings.

10. Having been considered the intrinsic value of this petition and since the matter has been settled between the parties and since the respondents have no objection to quash the criminal proceedings against the petitioners, and since this Court is of the view that even if the proceedings in C.C.No.696 of 2014 is allowed to go for trial, the chance of conviction is bleak, this Court is inclined to quash the criminal proceedings.

11.

Accordingly, the criminal proceedings in C.C.No.696 of 2014 pending on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, are quashed and the Criminal O.P. is allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar asvm To

1. XV Metropolitan Magistrate, George Town, Chennai - 600 001.

2. The Inspector of Police, W.13, All Women Police Station, Washermenpt, Chennai - 600021.

Crime No.02/2013)

3. The Public Prosecutor, High Court, Madras.

+4cc's to Mr.L.Mahendran, Advocate, S.R.No.18450 Crl.O.P.No.6435 of 2016 SV(CO) CA(31/03/2016)